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Supreme Court of India 2019-10-03 partly_allowed

ISHWARI LAL YADAV vs STATE OF CHHATTISGARH

Bench: 3 — Rohinton Fali Nariman, R. Subhash Reddy, Surya Kant

In Brief

Ishwari Lal Yadav and Kiran Bai, who claimed to be tantrik practitioners, kidnapped and murdered a two-year-old child (Chirag) in November 2010 and a six-year-old girl (Manisha) earlier, purportedly as human sacrifices to attain spiritual powers. The bodies were buried in their house. They were discovered when neighbours heard loud music and suspicious sounds, leading to confessions and the unearthing of remains. The Supreme Court upheld the death sentence for the main accused for the Chirag murder, finding it a 'rarest of rare case' warranting capital punishment due to extreme brutality (severing the child's head and cutting cheeks and tongue), the victim's helplessness, prior similar conviction, and complete lack of reformation potential. Convictions of co-accused for kidnapping and conspiracy were overturned for lack of corroborating evidence, but convictions for murder and evidence tampering were confirmed.

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Criminal Law Murder Human Sacrifice Extra-Judicial Confession Circumstantial Evidence Section 34 IPC - Common Intention Section 120B IPC - Conspiracy Death Penalty Rarest of Rare Cases Evidence - Corroboration Aggravating and Mitigating Factors

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